Probate Myths UK: Common Misconceptions Explained

Overview

Probate is the general term people use for the legal process of sorting out someone's estate after they die. In more precise terms, a Grant of Probate is the court document that confirms an executor's authority to deal with the deceased's assets when there is a valid Will.

Where there is no Will, the equivalent document is called Letters of Administration, and the person taking charge is known as an administrator rather than an executor. Both documents are issued by the Probate Registry, which is part of HM Courts and Tribunals Service.

Once a Grant is issued, banks, investment providers, and the Land Registry will accept it as proof that the person applying has the right to close accounts, sell property, pay debts, and distribute what's left to the beneficiaries. The process involves valuing the estate, reporting to HMRC where inheritance tax may be due, and keeping clear records throughout.

Where things go wrong, it is often because someone underestimated the work involved or relied on a myth that did not hold up.

Key steps

1. Check whether probate is actually needed. Not every estate requires a Grant. If the deceased held only small balances, or owned everything jointly with a surviving spouse or partner, the assets may pass without formal probate. Each bank and provider sets its own threshold, so ask them directly before assuming you need to apply. 2. Locate the Will and identify the executors. Find the most recent valid Will and confirm who is named as executor. If multiple executors are appointed, they need to decide together whether all will act, whether some will renounce their role, or whether one or more will have 'power reserved' so they can step in later if needed. 3. Value the estate and report to HMRC. Gather valuations for property, investments, bank accounts, personal possessions, and any debts owed. This figure determines whether inheritance tax is payable and which HMRC forms you need to submit. For larger or more complex estates, professional valuation advice is often worth the cost. 4. Apply for the Grant of Probate or Letters of Administration. Applications are now mostly made online through the Probate Registry, though paper applications remain available in certain circumstances. A fee applies, and current amounts are published on gov.uk. Expect the Registry to take time to process applications, particularly during busy periods. 5. Administer the estate and distribute to beneficiaries. Once the Grant arrives, you can collect in assets, settle debts and tax, and distribute the remainder according to the Will or the intestacy rules. Keep detailed accounts showing every receipt and payment, because beneficiaries are entitled to see how the estate has been handled.

Common questions